Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, 4-12, 14 and 17-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8, 9, 10, 20 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 8, 20 and 21 recite the term "the position identification unit"; however, this term lacks proper antecedent basis in the claims. Specifically, the claims do not previously introduce or define "a position identification unit" or otherwise provide clear context for what "the position identification unit" refers to. As a result, it is unclear to which element or structure this limitation is directed. The absence of proper antecedent basis for "the position identification unit" creates ambiguity as to the scope of the claims and the identity of the referenced element. Consequently, claims 8, 20 and 21 fails to particularly point out and distinctly claim the subject matter regarded as the invention, and is therefore indefinite under 35 U.S.C. 112(b).
Claim 9 is also rejected under 35 U.S.C. 112(b) as dependent on an indefinite claim (i.e., claim 8).
Claim 10 recites the term "the detecting device"; however, this term lacks proper antecedent basis in the claims. Specifically, the claims do not previously introduce or define "a detecting device," nor do they otherwise provide clear context for what "the detecting device" refers to. As a result, it is unclear to which element or structure this limitation is directed. The absence of proper antecedent basis for "the detecting device" introduces ambiguity regarding the scope of the claim and the identity of the referenced element. Consequently, claim 10 fails to particularly point out and distinctly claim the subject matter regarded as the invention, and is therefore indefinite under 35 U.S.C. 112(b).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-12, 14 and 17-23 are rejected under 35 U.S.C. 102 (a)(1) or (a)(2) as being anticipated by Zalewski et al., U.S. Patent Number 9,911,290 (hereinafter Zalewski).
Regarding claim 1, Zalewski discloses an information processing system (see fig. 1, 4B & 4C) comprising:
a user terminal (e.g., smartphone, wearable device, smart watch) configured to be carried by a user (see col., 13, lines 21-27 and col. 25, lines 51-55);
a communication device (e.g., WCC device, RFID tag, smart label) being attached to a product in a store and including a sensor and a storage (e.g., the WCC may themselves function as sensors and is integrated with the product) (see col. 11, lines 60-65 and col. 12, lines 10-12), the sensor configured to detect a touch on the product by a person (see col. 12, lines 1-13 and 30-41), the storage storing unique identification information (i.e., codes can be used to determine when the products leave the store, such as by RFID sensors or other tracking methods) (see col. 12, lines 14-21); and
an information processing device configured to communicate with the user terminal (see col. 19, lines 33-44 and col. 57, line 61 through col. 58, line 16 and fig. 4B; shows cloud system 150 configured to communicate with device 200), the information processing device comprising a processor configured to;
upon determining that the sensor of the communication device (i.e., as noted above the WCC may themselves function as sensors and is integrated with the product) has detected a touch on the product by a person and that the communication device is present in the store, associate user information on the user terminal positioned in proximity to the communication device with the identification information on the communication device to indicate that the user has touched the product (i.e., reads on the teachings of Zalewski that when the sensor detects user interaction (touch/take event) and the item is present in the store, the system associates user information (from the user terminal/account) with the product’s unique ID) (see col., 12, lines 1-13 & 30-41 and col. 19, lines 6-32), and
upon determining that the sensor of communication device has detected a touch of the product by the person and that both the user terminal and the communication device are located outside the store (i.e., in operation 44, the server receives data that is indicative of the user leaving an area of the store that is indicative that the user has purchased the item. This indication is one where the user has left an area where he or she may no longer wish to return the item, and simply leaves the retail location), associate the user information on the user terminal with the identification information on the communication device to indicate that the user has purchased the product (i.e., reads on the teachings of Zalewski that when the item (product) and the user terminal are detected as outside the store, and the item was previously added to the user’s electronic cart (from the touch/take event), the system associates the user info with the product ID as a purchase event and processes payment) (see col. 18, lines 10-23, col. 19, lines 6-32, fig. 1D; operation 20 and fig. 1E; operation 44).
Regarding claim 2, Zalewski teaches all the limitations of claim 1. In addition, Zalewski teaches the information processing system, wherein the processor is configured to upon determining that the user terminal is positioned in proximity to the communication device, transmit information on the product to which the communication device is attached (i.e., the user can be identified by his presence in the store and targeted customized information on a product can be provided to the user) (see col. 19, lines 4-30, col. 127, line 42 through col. 128, line 10 and fig. 52D).
Regarding claim 4, Zalewski discloses an information processing system (see fig. 1, 4B & 4C) comprising:
a user terminal (e.g., smartphone, wearable device, smart watch) configured to be carried by a user (see col., 13, lines 21-27 and col. 25, lines 51-55);
a communication device (e.g., WCC device, RFID tag, smart label) being attached to a product in a store and including a sensor and a storage (e.g., the WCC may themselves function as sensors and is integrated with the product) (see col. 11, lines 60-65 and col. 12, lines 10-12), the sensor configured to detect a touch on the product by a person (see col. 12, lines 1-13 and 30-41), the storage storing unique identification information (i.e., codes can be used to determine when the products leave the store, such as by RFID sensors or other tracking methods) (see col. 12, lines 14-21); and
an information processing device configured to communicate with the user terminal (see col. 19, lines 33-44 and col. 57, line 61 through col. 58, line 16 and fig. 4B; shows cloud system 150 configured to communicate with device 200), the information processing device comprising a processor configured to;
upon determining that the sensor of the communication device (i.e., as noted above the WCC may themselves function as sensors and is integrated with the product) has detected a touch on the product by a person and that the communication device is present in the store, associate user information on the user terminal positioned in proximity to the communication device with the identification information on the communication device to indicate that the user has touched the product (i.e., reads on the teachings of Zalewski that when the sensor detects user interaction (touch/take event) and the item is present in the store, the system associates user information (from the user terminal/account) with the product’s unique ID) (see col., 12, lines 1-13 & 30-41 and col. 19, lines 6-20), and
upon determining that the sensor of communication device has detected a touch of the product by the person and that both the user terminal and the communication device are located at a place that is associated with the user (i.e., operation 44, the server receives data that is indicative of the user leaving an area of the store that is indicative that the user has purchased the item. This indication is one where the user has left an area where he or she may no longer wish to return the item, and simply leaves the retail location), the server receives data that , associate the user information on the user terminal with the identification information on the communication device to indicate that the user has purchased the product (i.e., reads on the teachings of Zalewski that when the item (product) and the user terminal are detected as outside the store, and the item was previously added to the user’s electronic cart (from the touch/take event), the system associates the user info with the product ID as a purchase event and processes payment) (see col. 18, lines 10-23, col. 19, lines 6-32, fig. 1D; operation 20 and fig. 1E; operation 44).
Regarding claim 5, Zalewski teaches all the limitations of claim 1. In addition, Zalewski teaches the information processing system, wherein the processor is configured to obtain information on a number of times or a frequency that a touch on the purchased product by a person is detected, when the user terminal and the communication device are located at the place (i.e., the system records sensor event data, including frequency and number of touches/interactions, for analytics and user behavior tracking) (see col. 12, lines 1-13 & 30-41, col. 14, lines 12-24, col. 15, lines 49-65, fig. 1D; steps 14 & 16 and figs. 51A & 51B).
Regarding claim 6, Zalewski teaches all the limitations of claim 5. In addition, Zalewski teaches the information processing system, wherein the sensor is configured to detect opening of the product which is container containing contents, and the processor is configured to obtain information on the number of times or the frequency that a touch on the purchased product by a person is detected after the sensor detects opening of the purchased product (i.e., the system records sensor event data, including frequency and number of touches/interactions, for analytics and user behavior tracking) (see col. 12, lines 1-13 & 30-41, col. 14, lines 12-24, col. 15, lines 49-65, fig. 1D; steps 14 & 16 and figs. 51A & 51B).
Regarding claim 7, Zalewski teaches all the limitations of claim 1. In addition, Zalewski teaches the information processing system, wherein the processor is configured to upon determining that the purchased product satisfied a predetermined user end condition, provide predetermined information on the product to the user terminal (i.e., broadly reads on the teaching that the system provides notifications, guidance, or info to the user terminal based on detected conditions) (see col. 129, line 61 through col. 130, line 32 and col. 136, lines 22-27).
Regarding claim 10, Zalewski teaches all the limitations of claim 1. In addition, Zalewski teaches the information processing system, wherein the communication device includes a communication unit configured to wirelessly communicate with the user terminal, the information processing device is capable of communicating with the user terminal, and the processor is configured to, when the user terminal can wirelessly communicate with the detecting device, determine that the user terminal is positioned in proximity to the detecting device (see col. 13, lines 21-39, col. 25, lines 51-59 and figs. 1A & 51A).
Regarding claim 11, Zalewski teaches all the limitations of claim 1. In addition, Zalewski teaches the information processing system, wherein the sensor is at least one of a capacitive sensor, an acceleration sensor, and a pressure sensitive sensor (see col. 127, lines 7-21 and fig. 51B).
Regarding claim 12, Zalewski teaches all the limitations of claim 14. In addition, Zalewski teaches an information processing device comprising the non-transitory storage medium according to 14 (see col. 28, lines 47-60, col. 56, lines 11-22 and fig. 2; memory 112).
Regarding claim 17, Zalewski teaches all the limitations of claim 4. In addition, Zalewski teaches the information processing system, wherein the processor is configured to upon determining that the purchased product satisfied a predetermined use end condition, provide predetermined information on the product to the user terminal (i.e., broadly reads on the teaching that the system provides notifications, guidance, or info to the user terminal based on detected conditions) (see col. 129, line 61 through col. 130, line 32 and col. 136, lines 22-27).
Regarding claim 18, Zalewski teaches all the limitations of claim 5. In addition, Zalewski teaches the information processing system, wherein the processor is configured to upon determining that the purchased product satisfied a predetermined use end condition, provide predetermined information on the product to the user terminal (i.e., broadly reads on the teaching that the system provides notifications, guidance, or info to the user terminal based on detected conditions) (see col. 129, line 61 through col. 130, line 32 and col. 136, lines 22-27).
Regarding claim 19, Zalewski teaches all the limitations of claim 6. In addition, Zalewski teaches the information processing system, wherein the processor is configured to upon determining that the purchased product satisfied a predetermined use end condition, provide predetermined information on the product to the user terminal (i.e., broadly reads on the teaching that the system provides notifications, guidance, or info to the user terminal based on detected conditions) (see col. 129, line 61 through col. 130, line 32 and col. 136, lines 22-27).
Regarding claim 14, Zalewski discloses a non-transitory storage medium containing a program (e.g., memory programmed with at least predefined functions executed by a logic chip) configured to cause a computer to execute a method comprising (see col. 28, lines 47-60, col. 56, lines 11-22 and fig. 2; memory 112):
receiving information from a user terminal (e.g., smartphone, wearable device, smart watch) configured to be carried by a user (see col., 13, lines 21-27 and col. 25, lines 51-55);
receiving information derived from a communication device (e.g., WCC device, RFID tag, smart label) attached to a product in a store and including a sensor configured to detect a touch on the product by a person (e.g., the WCC may themselves function as sensors and is integrated with the product) (see col. 11, lines 60-65 and col. 12, lines 10-12), and a storage storing unique identification information (i.e., codes can be used to determine when the products leave the store, such as by RFID sensors or other tracking methods) (see col. 12, lines 14-21);
upon determining that the sensor of the communication device (i.e., as noted above the WCC may themselves function as sensors and is integrated with the product) has detected a touch on the product by a person and that the communication device is present in the store, associating user information on the user terminal positioned in proximity to the communication device with the identification information on the communication device to indicate that the user has touched the product (i.e., reads on the teachings of Zalewski that when the sensor detects user interaction (touch/take event) and the item is present in the store, the system associates user information (from the user terminal/account) with the product’s unique ID) (see col., 12, lines 1-13 & 30-41 and col. 19, lines 6-20), and
upon determining that the sensor of communication device has detected a touch of the product by the person and that both the user terminal and the communication device are located outside the store (i.e., in operation 44, the server receives data that is indicative of the user leaving an area of the store that is indicative that the user has purchased the item. This indication is one where the user has left an area where he or she may no longer wish to return the item, and simply leaves the retail location), associating the user information on the user terminal with the identification information on the communication device to indicate that the user has purchased the product (i.e., reads on the teachings of Zalewski that when the item (product) and the user terminal are detected as outside the store, and the item was previously added to the user’s electronic cart (from the touch/take event), the system associates the user info with the product ID as a purchase event and processes payment) (see col. 18, lines 10-23, col. 19, lines 6-32, fig. 1D; operation 20 and fig. 1E; operation 44).
Regarding claim 20, Zalewski discloses an information processing system (see figs. 1, 4B & 4C) comprising:
a user terminal (e.g., smartphone, wearable device, smart watch) configured to be carried by a user (see col., 13, lines 21-27 and col. 25, lines 51-55);
a communication device (e.g., WCC device, RFID tag, smart label) attached to a product in a store and including a sensor, a storage and a radio tag (e.g., the WCC may themselves function as sensors and is integrated with the product) (see col. 11, lines 60-65 and col. 12, lines 10-12), the sensor configured to detect a touch on the product by a person (see col. 12, lines 1-13 and 30-41), the storage storing unique identification information (i.e., codes can be used to determine when the products leave the store, such as by RFID sensors or other tracking methods) (see col. 12, lines 14-21); and
an information processing device configured to communicate with the user terminal (see col. 19, lines 33-44 and col. 57, line 61 through col. 58, line 16 and fig. 4B; shows cloud system 150 configured to communicate with device 200), the information processing device comprising a processor configured to;
a reader located in the store and configured to communicate with the information processing device, the reader configured to read the radio tag of the communication device (i.e., reads on the teaching that as typical in RFID readers a tag placed in proximity to the WCC device upon activation and causes RFID tag to be activated, resulting in the RFID tag to reflect its ID) (see col. 12, lines 14-21; and col. 32, line 62 through col. 33, line 5).
a position identification device (e.g., external GPS or internal positioning systems) configured to communicate with the information processing device and configured to identify a position of the user terminal (see col. 15, lines 16-24, col. 123, lines 16-39 and Figs. 51A & 51B); wherein:
the information processing device comprises a processor configured to,
upon determining that the sensor of the communication device (i.e., as noted above the WCC may themselves function as sensors and is integrated with the product) has detected a touch on the product by a person and that the communication device is present in the store, associate user information on the user terminal positioned in proximity to the communication device with the identification information on the communication device to indicate that the user has touched the product (i.e., reads on the teachings of Zalewski that when the sensor detects user interaction (touch/take event) and the item is present in the store, the system associates user information (from the user terminal/account) with the product’s unique ID) (see col., 12, lines 1-13 & 30-41 and col. 19, lines 6-20);
the processor is configured to determine that the user terminal is positioned in proximity to the communication device when a distance between the position of the user terminal, which is identified by the position identification unit, and a position of the reader that has read the radio tag of the communication device, is a predetermined value or less (i.e., broadly interpreted to read on proximity determination via GPS, in-store tracking, or other location methods; system determines if user device is near product/tag/reader) (see col. 15, lines 16-24 and col. 123, lines 16-39 and figs. 51A & 51B); and
the processor is configured to associate the user information on the user terminal with the identification information on the communication device, in a state in which:
the communication device that has detected a touch on the product by a person is present in the store, and the reader fails to read the communication device, and the user terminal that is positioned in proximity to the communication device is separated from the reader, substantially at the same time (e.g., system logic handles situations where item is detected as touched by user (via WCC/sensor), but reader does not read tag (e.g., item not at checkout/exit point), and user device is detected nearby. In addition, system can still associate user and item, e.g., for shelf interactions, missed reads, or error handling) (see col. 12, lines 1-13 & 30-41, col. 15, lines 16-24, col. 19, lines 6-20 and col. 123, lines 16-39 and figs. 51A & 51B).
Regarding claims 8, 9 and 21, Zalewski teaches all the limitations of claims 1, 4 and 8. In addition, Zalewski teaches the information processing system, wherein the communication device includes a radio tag (see col. 12, lines 12-13 and col. 32, 6ine 62 through col. 33, line 10); the information processing system further comprises:
a reader located in the store and configured to communicate with the information processing device, the reader configured to read the radio tag of the communication device (i.e., reads on the teaching that as typical in RFID readers a tag placed in proximity to the WCC device upon activation and causes RFID tag to be activated, resulting in the RFID tag to reflect its ID) (see col. 12, lines 14-21; and col. 32, line 62 through col. 33, line 5); and
a position identification device (e.g., external GPS or internal positioning systems) configured to communicate with the information processing device and configured to identify a position of the user terminal (see col. 15, lines 16-24, col. 123, lines 16-39 and Figs. 51A & 51B);
the processor is configured to determine that the user terminal is positioned in proximity to the communication device when a distance between the position of the user terminal, which is identified by the position identification unit, and a position of the reader that has read the radio tag of the communication device, is a predetermined value or less (i.e., broadly interpreted to read on proximity determination via GPS, in-store tracking, or other location methods; system determines if user device is near product/tag/reader) (see col. 15, lines 16-24 and col. 123, lines 16-39 and figs. 51A & 51B); and
the processor is configured to associate the user information on the user terminal with the identification information on the communication device, in a state in which:
the communication device that has detected a touch on the product by a person is present in the store, and the reader fails to read the communication device, and the user terminal that is positioned in proximity to the communication device is separated from the reader, substantially at the same time (e.g., system logic handles situations where item is detected as touched by user (via WCC/sensor), but reader does not read tag (e.g., item not at checkout/exit point), and user device is detected nearby. In addition, system can still associate user and item, e.g., for shelf interactions, missed reads, or error handling) (see col. 12, lines 1-13 & 30-41, col. 15, lines 16-24, col. 19, lines 6-20 and col. 123, lines 16-39 and figs. 51A & 51B).
Regarding claim 22, Zalewski discloses a non-transitory storage medium containing a program (e.g., memory programmed with at least predefined functions executed by a logic chip) configured to cause a computer to execute a method comprising (see col. 28, lines 47-60, col. 56, lines 11-22 and fig. 2; memory 112):
receiving information from a user terminal (e.g., smartphone, wearable device, smart watch) configured to be carried by a user (see col., 13, lines 21-27 and col. 25, lines 51-55);
receiving information derived from a communication device (e.g., WCC device, RFID tag, smart label) attached to a product in a store and including a sensor configured to detect a touch on the product by a person (e.g., the WCC may themselves function as sensors and is integrated with the product) (see col. 11, lines 60-65 and col. 12, lines 10-12), and a storage storing unique identification information (i.e., codes can be used to determine when the products leave the store, such as by RFID sensors or other tracking methods) (see col. 12, lines 14-21);
upon determining that the sensor of the communication device (i.e., as noted above the WCC may themselves function as sensors and is integrated with the product) has detected a touch on the product by a person and that the communication device is present in the store, associating user information on the user terminal positioned in proximity to the communication device with the identification information on the communication device to indicate that the user has touched the product (i.e., reads on the teachings of Zalewski that when the sensor detects user interaction (touch/take event) and the item is present in the store, the system associates user information (from the user terminal/account) with the product’s unique ID) (see col., 12, lines 1-13 & 30-41 and col. 19, lines 6-20), and
upon determining that the sensor of communication device has detected a touch of the product by the person and that both the user terminal and the communication device are located at a place that is associated with the user (i.e., operation 44, the server receives data that is indicative of the user leaving an area of the store that is indicative that the user has purchased the item. This indication is one where the user has left an area where he or she may no longer wish to return the item, and simply leaves the retail location), the server receives data that , associating the user information on the user terminal with the identification information on the communication device to indicate that the user has purchased the product (i.e., reads on the teachings of Zalewski that when the item (product) and the user terminal are detected as outside the store, and the item was previously added to the user’s electronic cart (from the touch/take event), the system associates the user info with the product ID as a purchase event and processes payment) (see col. 18, lines 10-23, col. 19, lines 6-32, fig. 1D; operation 20 and fig. 1E; operation 44).
Regarding claim 23, Zalewski teaches all the limitations of claim 22. In addition, Zalewski teaches an information processing device comprising the non-transitory storage medium according to 22 (see col. 28, lines 47-60, col. 56, lines 11-22 and fig. 2; memory 112).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shen, U.S. Patent Number 11,222,307 discloses inventory tracking system.
Tahara et al., U.S. Publication Number 2023/0169506 A1 discloses store system, information processing apparatus, and information processing method.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645
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